Jenkins Electrics Pty Ltd T/A O’Brien Electrical Engineering and Contractors Ballarat
[2021] FWCA 6115
•6 OCTOBER 2021
| [2021] FWCA 6115 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jenkins Electrics Pty Ltd T/A O’Brien Electrical Engineering and Contractors Ballarat
(AG2021/7568)
O’Brien Electrical Engineering and ContractorsBallarat Enterprise Agreement 2021 -2025
| Electrical contracting industry | |
| COMMISSIONER O’NEILL | MELBOURNE, 6 OCTOBER 2021 |
Application for approval of the O’Brien Electrical Engineering and Contractors Ballarat Enterprise Agreement 2021 -2025
O’Brien Electrical Engineering and Contractors Ballarat has applied for approval of an enterprise agreement known as the O’Brien Electrical Engineering and Contractors Ballarat Enterprise Agreement 2021 -2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 7.1.7 – Annual Leave; and
· Clause 7.7.4 – Public Holidays.
However, noting clause 5.11.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2021. The nominal expiry date of the Agreement is 5 October 2025.
COMMISSIONER
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